Make it harder to strike, say employers

The Australian Chamber of Commerce and Industry, Australian Industry Group and other business groups are concerned the federal ­government might narrow the focus of a long-awaited review of the industrial relations system.

Employer groups have stepped up their consultations on the priority items for reform as they wait for the terms of reference of the review, which is due to start in January, from Workplace Relations Minister
Chris Evans
.

Industry groups want substantial changes to the Fair Work Act, including tougher rules on when strikes can take place.

ACCI chief executive
Peter Anderson
said the workplace laws had failed to deliver on Labor’s promises in 2007 and 2008 to improve productivity and this should be a focus of the review. “There is a common message in all of the feedback and that is that the government’s claim that the laws would enhance productivity and competitiveness is not being met," Mr Anderson said.

“There are almost literally no businesses in Australia that are putting their hands up to say the laws have improved their business operations or productivity.

“The government’s claims have been massively overstated in terms of the role the laws would have in lifting productivity growth."

Mr Anderson said the review should be founded on the need to improve productivity and avoid a narrow focus on technicalities when wider issues needed to be tackled.

The minister had been open to discussions with industry on the review but business was waiting for an outcome within a month on who would conduct the review and what its terms of reference would be, he said.

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Those in the ACCI talks include state chambers of commerce, the Australian Retailers’ Association, the Australian National Retail Association, the Pharmacy Guild, the Australian Hotels Association, the Housing Industry Association and the Master Builders Association.

Australian Mines and Metals Association director Minna Knight said the law was making it too easy for unions to take industrial action.

The Fair Work tribunal approved almost every union application for a strike ballot without enough scrutiny to ensure the action was reasonable.

“The law is not prescriptive enough and the threshold’s not high enough," Ms Knight said. “Unions should be required to demonstrate that the industrial action they’re taking is reasonable in the circumstances.

“We’re concerned that there’s token bargaining going on and that those applications are too easily secured."

Ai Group industrial relations director
Stephen Smith
said business needed to know more details of when the review would take place and the terms of the inquiry.

“We asked for detail on this review two months ago," he said. “It is a very important issue for our members, and a lot of time and work goes into preparing submissions, so we need some lead time on just what the review will cover so we can prepare."

Business wants a review of restrictions on labour hire and contractors, and individual agreements.